defendant) on the ground that the condition stipulated under the above Section of
the law were not met. For me to resolve this, I would reproduce the said
provisions.
Section 13 (2) - "where any per:mn who is arrested with ,or without a warrant
volunteers to mak,~ a confessional statement, the police shall ensure
that the making and taking of such statement is recorded on video, and
the said recording and copies thereof may be produced at the trial
provided that in the absence of video facility, the said statement shall
be in writing in the presence of a private legal practitioner or any
other person of his choice" .
(3) - "the legal practitioner or any other person referred to in sub
section 2 shall also endorse with his full particulars, the
confessional statement as having witnessed the recording
thereof'.
Learned counsel objected to the admissibility of t~e document when it was
tendered in the course of trial. He based his objection virtually on the same ground.
I overruled his objection and admitted the document as an exhibit. Having raised
~he issue again as an issue for determination in his address, I am constrained to,
once more; consider the admis:>ibility of the document as an exhibit in view of the
recent decision rendered by the Court of Appeal in Charles .v. The F.R.N. (2018)
13 NWLR (pt.1635) 50@ 64 - 71 .
The appellate court while interpreting Sections 15 (4 ), 17 (I} and 2 of the
Administration of Criminal Justice Acts (ACJA) 2015 and Section 9 (3) of the
Administration of criminal Justice Law (ACJL) 2007 of Lagos State held:
"Unlike the case with judges Rules, which were cautionary, the provisions of
ACJA have force of law. Non - compliance with these provisions would
automatically throw a purported confessional statement out of the window.
The provisions of the Section as well as Secti~n 9 (3) of the Act which are
for the benefit of a suspect are therefore mandatory.
Failure to comply with Section 9 (3) of the ACJL, 2007 of Lagos State
which requires video recording of the making of a confessional statement or,
15